High Court of KeralaWP(C)/36485/2015disposed of

Vinod Kumar v. State Of Kerala

2015-12-03Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 36485 of 2015 (I) --------------------------------------- PETITIONER(S):

----------------------- VINOD KUMAR, AGED 34 YEARS, S/O.RAMACHANDRAN NAIR, KOCHUTHALAPALLIL, 324, NEDUMKUNNAM-686 542.

BY ADV. SRI.SURIN GEORGE IPE RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOTTAYAM - 686 002.

2. NEDUMKUNNAM GRAMA PANCHAYAT, NEDUMKUNNAM-686 542.

3. TAHSILDAR, CHANGANASSERY, TALUK OFFICE, CHANGANASSERY-686 101. BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 36485 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : TRUE COPY OF THE POSSESSION CERTIFICATE DT 10-12-2014 SHOWING POSSESSION OF THE PROPERTY BY THE PETITIONER. P2 : TRUE COPY OF THE ORDER DT 29-10-2015 ISSUED BY THE 2ND RESPONDENT. P3 : TRUE COPY OF THE APPLICATION DT 10-12-2014 MADE BY THE PETITIONER TO 1ST RESPONDENT SEEKING PERMISSION TO REMOVE EARTH FROM 10 CENTS OF LAND WITHIN HIS PLOT.

P4 : TRUE COPY OF THE REPORT OF TAHSILDAR DT 19-12-2014. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.Muhamed Mustaque, J.

==================================== W.P.(C)No.36485 of 2015 ==================================== Dated this the 3rd day of December, 2015.

JUDGMENT

1. Petitioner is the holder of a building permit for constructing residential building in Sy.No.122/8-1 and 122/9 of Nedumkunnam village in Changanacherry.

2. Petitioner wants to extract earth from the ten cents of land in the aforementioned property and transport the same. According to the petitioner, in the light of Rule 14 of the Kerala Minor Mineral Concession (Amendment) Rules, 2012, he is entitled to extract earth and transport the same even without acquiring permit.

3. Therefore, the Geologist, after verifying the genuineness of the same, shall do the needful to issue necessary O/A form, within a period of two weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Muhamed Mustaque, Judge.

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